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  • B1 in Lieu of H1 followed by H1

    Hi,

    I am in a tricky situation. Could you please help me here

    My employer wants me to be in the US to perform H1B related tasks. I worked in the US on H1 earlier, returned to India, eventually my H1 stamping got expired. I have verified that I am eligible to transfer H1 in cap exempt quota.

    Since the client needs someone immediately on board and filing H1B petition takes a month to 6 weeks of time [I was told that premium process is not available for cap exempt visas], my employer planning me to send on B1 in lieu of H1 to perform certain H1 related tasks for short duration as these tasks cant be performed on regular B1. In parallel to that, he says he will filing H1B, once petition received I will be coming back to India for H1B stamping. [In fact, I also hold a B1, my employer doesn't want me to send on that since the tasks I am going to perform are H1B related.]

    Is it possible to apply for H1B while I am in the USA on B1 in lieu of H1?
    What is the success rate in these situations?
    What will be the possible questions posed in the embassy when I appear for B1 in lieu of H1 and for H1B
    Is it possible to work for the same client on both B1 in lieu of H1 and on H1?

    appreciate your help,
    Regards
    Chandra

  • #2
    Is it possible to apply for H1B while I am in the USA on B1 in lieu of H1?
    >>> Possible. But H1B should be filed for consular processing and not as a COS from B1 to H1B.

    What is the success rate in these situations?
    >>> If filed as a COS, then the chances are very slim.

    What will be the possible questions posed in the embassy when I appear for B1 in lieu of H1 and for H1B
    >>> What is the difference between B1 visa and "B1 in lieu of H1"? There are only two types of B visas - Business and tourist (B1/B2). If you travel in B1 (Business) visa, you are not suppose to work in U.S. It is only for meetings, training's etc.

    Is it possible to work for the same client on both B1 in lieu of H1 and on H1?
    >>> Possible. Technically you are not supposed to work in B1 visa for the client.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thank you for quick reply.

      B1 in Lieu of H is a category of B1, which allows to perform certain H1b related tasks as well.

      Regards
      Chandra

      Comment


      • #4
        Good to know. Thanks.

        Originally posted by sekhar121212 View Post
        Thank you for quick reply.

        B1 in Lieu of H is a category of B1, which allows to perform certain H1b related tasks as well.

        Regards
        Chandra
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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